White to push lawsuit despite mayor's defeat

Sunday

Nov 25, 2012 at 12:01 AM

STOCKTON - Former mayoral candidate Ralph Lee White will push ahead with his lawsuit seeking to clarify the Stockton city charter's provision on term limits despite Mayor Ann Johnston's defeat in the election.

Scott Smith

STOCKTON - Former mayoral candidate Ralph Lee White will push ahead with his lawsuit seeking to clarify the Stockton city charter's provision on term limits despite Mayor Ann Johnston's defeat in the election.

White, 69, earlier this year sued the city and Johnston, who sought a second term as mayor after having completed two previous terms as a council member. White accused her of violating the charter by serving a total of three terms and seeking a fourth.

According to White's interpretation of the charter, a person can serve a maximum of two terms in Stockton city government.

Johnston, 70, was defeated at the polls Nov. 6 by challenger Anthony Silva, who won by 18 percentage points. White said that doesn't mean he is abandoning his charge to clarify an ambiguous sentence in the charter.

"We're not done," he said. "I wouldn't give it up now for nothing. People would lose faith in me if I quit."

Rather, White said he seeks to bring clarity to Section 606 of the charter, which reads:

"No person elected as either Mayor or Councilmember shall be eligible to serve, or serve, as either Mayor or Councilmember for more than two (2) terms ..."

White, a wealthy property investor and bail bondsman, served on the council in the 1970s and '80s before a charter amendment addressing term limits. He ran again this year for mayor but lost in the primary election to Johnston and Silva, the two leaders, who went to a runoff in the general election.

While running in the primary, White filed his lawsuit, challenging Johnston's eligibility as a candidate. It was seen as a bid to oust Johnston, his political rival. White maintains that if city leaders followed the charter, Stockton would be financially healthy.

San Joaquin County Superior Court Judge Lesley Holland twice ruled against White, who now seeks a final ruling from the judge so he can take his case to the state's 3rd District Court of Appeal in Sacramento.

Mayor-elect Silva said he supports a review of the charter, but he would prefer handling it outside of court to avoid costly lawyer fees. Silva suggested, rather, forming a charter review committee possibly with White as a member.

This charter provision and possibly others need to be corrected, Silva said.

"We can't let something like that disappear," he said. "Let's get them resolved and clean our own house."